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Florida Statute 20.197 - Full Text and Legal Analysis
Florida Statute 20.197 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 20.197 Case Law from Google Scholar Google Search for Amendments to 20.197

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 20
ORGANIZATIONAL STRUCTURE
View Entire Chapter
20.197 Agency for Persons with Disabilities.There is created the Agency for Persons with Disabilities, housed within the Department of Children and Families for administrative purposes only. The agency shall be a separate budget entity not subject to control, supervision, or direction by the Department of Children and Families in any manner, including, but not limited to, personnel, purchasing, transactions involving real or personal property, and budgetary matters.
(1) The director of the agency shall be the agency head for all purposes and shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. The director shall administer the affairs of the agency and may, within available resources, employ assistants, professional staff, and other employees as necessary to discharge the powers and duties of the agency.
(2) The agency shall include a Division of Budget and Planning and a Division of Operations. In addition, and in accordance with s. 20.04, the director of the agency may recommend establishing additional divisions, bureaus, sections, and subsections of the agency in order to promote efficient and effective operation of the agency.
(3) The agency is responsible for providing all services provided to persons with developmental disabilities under chapter 393, including the operation of all state institutional programs and the programmatic management of Medicaid waivers established to provide services to persons with developmental disabilities.
(4) The agency shall engage in such other administrative activities as are deemed necessary to effectively and efficiently address the needs of the agency’s clients.
(5) The agency shall enter into an interagency agreement that delineates the responsibilities of the Agency for Health Care Administration for the following:
(a) The terms and execution of contracts with Medicaid providers for the provision of services provided through Medicaid, including federally approved waiver programs.
(b) The billing, payment, and reconciliation of claims for Medicaid services reimbursed by the agency.
(c) The implementation of utilization management measures, including the prior authorization of services plans and the streamlining and consolidation of waiver services, to ensure the cost-effective provision of needed Medicaid services and to maximize the number of persons with access to such services.
(d) A system of approving each client’s plan of care to ensure that the services on the plan of care are those that without which the client would require the services of an intermediate care facility for the developmentally disabled.
History.s. 70, ch. 2004-267; s. 1, ch. 2006-227; s. 6, ch. 2014-19.

F.S. 20.197 on Google Scholar

F.S. 20.197 on CourtListener

Amendments to 20.197


Annotations, Discussions, Cases:

Cases Citing Statute 20.197

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Agency for Persons With Disabilities v. Dallas, 38 So. 3d 831 (Fla. 1st DCA 2010).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8917, 2010 WL 2472272

...Dallas to the Agency's forensic facility, we deny the petition. I. BACKGROUND The Agency, under Chapter 393, Florida Statutes, provides an array of treatment, training, and support services to adults and children with developmental disabilities. See § 20.197, Fla....
...If the Agency denies eligibility, the applicant has the right to an administrative hearing to review the Agency's decision. See §§ 393.065(3), 393.125(1), Fla. Stat. In addition to providing community-based services, the Agency also operates all relevant state institutional programs. See § 20.197, Fla....
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JM v. Florida Agency for Persons With Disabilities, 938 So. 2d 535 (Fla. 1st DCA 2006).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 13199, 2006 WL 2251885

...f state government." Gopman, 908 So. 2d at 1120. An agency within the meaning of the Administrative Procedure Act, APD is responsible for administering services related to developmental disabilities as set forth in chapter 393, Florida Statutes. See 20.197(2), Fla....
...[4] APD argues that because it is "housed within the Department of Children and Family Services for administrative purposes," the Department of Children and Family Services has the authority to hold hearings regarding determinations of need for developmental disability services. § 20.197, Fla....
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Fg v. Agency for Persons With Disabil., 940 So. 2d 1095 (Fla. 2006).

Cited 1 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 610, 2006 Fla. LEXIS 2257, 2006 WL 2771533

...The services are designed to allow the recipients to remain at home or in a home-like setting. Id. [2] Before 2004, DCF determined eligibility for developmental disability services. That year, however, the Legislature created APD as an entity separate from DCF. See § 20.197, Fla. Stat. (2004). APD is now responsible for providing services to persons with developmental disabilities under chapter 393. Id. § 20.197(2)....
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Russell v. Agency for Persons With Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 6903, 2006 WL 1210200

...nd that she will not receive the services she needs from the family safety program. Amber argues persuasively that there is no legal or factual basis for the Agency's position that the *608 services she needs "should be available" from DCF. Analysis Section 20.197(2), Florida Statutes (2005), provides: The agency shall be responsible for the provision of all services provided to persons with developmental disabilities pursuant to chapter 393, including the operation of all state institutional pr...
...This enabling legislation vests the Agency with the sole authority to administer and distribute federal matching funds, including waiver funds, for the services it provides. "The agency shall be a separate budget entity not subject to control, supervision or direction by [DCF] . . ." § 20.197, Fla....

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